Thread: legal thread
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Old Sat Jan 18, 2003, 08:46pm
Roger Greene Roger Greene is offline
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Join Date: Aug 2000
Posts: 517
This is not softball, but in NC any crime committed by anyone who has reached their 16th birthday is in the jurisdiction of the adult courts. If a child between the ages of 13 and 16 commits a felony, the District Attorney can ask a District Court Judge in the Juvenile Court Division to transfer the case to Superior Court to have the defendant treated as an adult.( As an Investigator with The Sheriff;s Department back in the 70s I charged a kid who was a couple of months past his 13th birthday with 1st degree murder, and he pled to 2nd degree as an adult.) Children under the age of 7 years are generaly presumed incapable of forming criminal intent.

Some argue that we hold children responsible for their actions at too young an age. I don't agree. At the age of 11 years my father found himselsf acting as head of a household in the 1920s with 4 younger siblings, and one older brother who was not responsible enough to do the job. He was responsible enough to hold the family together.

Too long in this country we have not held people responsible for their actions, children and adults.

And, Mike, I find myself regularly standing between the police powers of the state and the citizens. Part of my job is to tell the police no, you may not arrest/search/seize/or enter as the case may be. Does not always make me the most popular guy at department staff meetings, I'm sure. But at least the county Sheriff was once a rookie officer that I took with me on his first felony investigation 25 years ago, and the local Chief of Police was a street officer at the same time I was a road deputy, and I used to hire him as my umpire when I was coaching softball. We all stil have a mutual respect for each other.

I too am troubled by those who would give up liberty for security, for as Benjamine Franklin (I think) was reported to have said "He who surrenders liberty for security soon finds himself with neither." (or words to that effect)

Roger Greene
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